How to Get False Assault Charges Dismissed

By Abdul Farukhi
A lawyer is essential to getting a case dismissed.

Jupiterimages/ Images

False accusations undermine the faith people put in the criminal justice system. Over 271 people nationwide have had their convictions overturned since 1992. For some perspective, according to the U.S. Census, 11.1 million crimes were reported in 2008. The chance of having a false assault charge dismissed depends largely on the abilities of your attorney because DNA evidence is rarely available or even tested in these cases. Assault charges are largely proved through eyewitness testimony, and a knowledgeable attorney will know how to cross examine the accuser.

Get a competent defense attorney, whether you hire one or receive a court-appointed attorney. Look for a lawyer who is "Board Certified" or has passed some kind of legal specialization in criminal law.

Tell your defense attorney the entire truth and not just what you think may be relevant to the case. Seemingly unrelated details, such as the weather conditions, may be important in corroborating your story. Your defense attorney is bound by attorney-client privilege not to disclose these details.

Handle all matters through your defense attorney. If you were charged with assault, you may have a restraining order against you, so keep away from the victim even though you believe the charges are false.

Send alibi witnesses to the police department to provide statements in your case. Sometimes this information will rule you out as a suspect and will cause the district attorney to dismiss the case against you.

Get comfortable with the legal process by spending time in a courtroom watching a trial.

Jupiterimages/liquidlibrary/Getty Images

Familiarize yourself with the courtroom that your case may be tried in. Observe criminal trials, preferably those involving assaults, so that you can see how a real case is tried versus depictions in television.

About the Author

Abdul Farukhi has been writing and reporting since 2001. His work has been featured in "The Daily Texan" newspaper and various online media outlets. Farukhi graduated from the University of Texas at Austin with a bachelor's degree in government and economics and is a licensed attorney in the state of Texas.

Cite this Article A tool to create a citation to reference this article Cite this Article